[Federal Register Volume 69, Number 154 (Wednesday, August 11, 2004)]
[Notices]
[Page 48874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18377]


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FEDERAL MARITIME COMMISSION

[Docket No. 04-08]


Qin's, Incorporated v. Superior Link International, Inc.; Notice 
of Filing of Complaint and Assignment

    Notice is given that a complaint has been filed by Qin's, 
Incorporated (``Complainant'') against Superior Link International, 
Inc. (``Respondent''). Complainant contends that Respondent has 
unreasonably refused to deal or negotiate the proper release of 
Complainant's two containers in violation of section 10(b)(10)\1\ of 
the Shipping Act of 1984, 46 U.S.C. app. section 1709(b)(10). As a 
direct result of these allegations, Complainant claims that it has 
suffered substantial economic damages and injury valued at $23,626.40. 
Complainant seeks an order directing Respondent to pay reparations, 
court costs, attorneys fees, and any further relief as the Commission 
may determine to be warranted.
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    \1\ Complainant cites section 10(b)(7) of the Shipping Act of 
1984, 46 U.S.C. app. section 1709(b)(7), however, Complainant's 
narrative statement refers to a 10(b)(10) violation.
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    This proceeding has been assigned to the Office of Administrative 
Law Judges. A hearing in this matter, if any is held, shall commence 
within the time limitations prescribed in 46 CFR 502.61, and only after 
consideration has been given by the parties and the presiding officer 
to the use of alternative forms of dispute resolution. The hearing 
shall include oral testimony and cross-examination in the discretion of 
the presiding officer only upon showing that there are genuine issues 
of material fact that cannot be resolved on the basis of sworn 
statements, affidavits, depositions, or other documents or that the 
nature of the matter in issue is such that an oral hearing and cross-
examination are necessary for the development of an adequate record. 
Pursuant to the further terms of 46 CFR 502.61, the initial decision of 
the presiding officer in this proceeding shall be issued by August 4, 
2005 and a final decision of the Commission shall be issued by December 
2, 2005.

Bryant L. VanBrakle,
Secretary.
[FR Doc. 04-18377 Filed 8-10-04; 8:45 am]
BILLING CODE 6730-01-P